Principle Attorney
If your medical bills exceed the at-fault driver’s insurance limits, you may still have ways to recover compensation. Depending on the circumstances, you could pursue additional insurance coverage, file a claim against other liable parties, or seek compensation directly from the driver.
Serious car accident injuries often lead to medical costs that rise far beyond the minimum insurance coverage required in Colorado. Hospital stays, surgery, rehabilitation, lost income, and future treatment can create financial pressure quickly. When that happens, understanding your options matters.
What Are Colorado’s Minimum Auto Insurance Limits?
Colorado drivers are required to carry minimum liability insurance coverage, including:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $15,000 for property damage
For severe injuries, these limits may not come close to covering the full cost of recovery. A traumatic brain injury, spinal injury, multiple fractures, or extended hospitalization can easily exceed a policy within days.
Even drivers who carry more than the minimum may not have enough coverage to fully compensate you after a major collision.
What Happens When a Settlement Offer Does Not Cover Your Medical Bills?
Insurance companies generally will not pay more than the policy limit under the at-fault driver’s coverage. Once that limit is reached, you may be left with unpaid medical expenses, ongoing treatment needs, and other losses.
That does not necessarily mean your case ends there.
We often look at several possible sources of compensation, including:
- Your uninsured/underinsured motorist coverage (UM/UIM)
- Additional liable parties
- Employer or commercial insurance policies
- Umbrella insurance coverage
- Direct claims against the at-fault driver
A full review of the accident and available insurance policies can reveal options that are not immediately obvious.
Can You Use Underinsured Motorist Coverage in Colorado?
Yes. Underinsured motorist coverage, often called UIM coverage, may help cover losses when the at-fault driver’s insurance is not enough.
Colorado insurers must offer UM/UIM coverage, although drivers can reject it in writing. If you carry this coverage, you may be able to file a claim under your own policy after the other driver’s limits are exhausted.
UIM coverage can help pay for:
- Remaining medical bills
- Lost wages
- Future medical treatment
- Pain and suffering
- Long-term disability costs
Many people do not realize they have this coverage until after a serious crash. We review insurance policies carefully to determine what may be available.
Are There Other Parties Who May Be Responsible?
Sometimes another person or company contributed to the accident. Identifying additional liability can make a significant difference when injuries are severe.
Depending on the facts, other potentially responsible parties may include:
- Employers of commercial or delivery drivers
- Trucking companies
- Vehicle owners
- Bars or restaurants in certain drunk driving cases
- Manufacturers of defective vehicle parts
For example, if a driver was working at the time of the crash, their employer’s commercial insurance policy may provide additional coverage beyond the individual driver’s policy.
Can You Sue the At-Fault Driver Personally?
In some cases, yes. If damages exceed available insurance coverage, you may have the option to pursue a personal judgment against the at-fault driver.
Whether that approach makes financial sense depends on the driver’s assets and ability to pay. Some individuals have substantial personal assets, while others may have limited financial resources beyond their insurance coverage.
How Medical Liens and Health Insurance Affect Your Case
When medical bills exceed available insurance, health insurance often becomes part of the picture. Your health insurer may cover treatment costs initially, but it could later seek reimbursement from your settlement.
Medical providers may also place liens against your recovery in certain situations.
These issues can affect how much compensation you ultimately keep. Negotiating medical liens and reviewing reimbursement claims is often an important part of resolving a serious injury case.
What Should You Do if Your Medical Bills Keep Growing?
If you suspect the available insurance will not fully cover your losses, acting early can help protect your options.
Some important steps include:
- Continue recommended medical treatment
- Keep records of bills, diagnoses, and missed work
- Avoid accepting a quick settlement without review
- Request a copy of all applicable insurance policies
- Speak with a personal injury attorney before signing releases
Early investigation can help identify additional insurance coverage and preserve evidence before it disappears.
Protect Your Right to Full Compensation
When medical bills exceed insurance limits, it is easy to assume there are no other options. In many cases, additional sources of compensation may still exist, but identifying them requires a careful review of the accident, insurance coverage, and long-term impact of your injuries.
At Law Offices of Dianne Sawaya, LLC, we help injured Coloradans evaluate every available path to recovery after a serious crash. If you are dealing with mounting medical expenses after an accident, contact us to discuss your case and learn what options may still be available.
FAQ
What if the at-fault driver has no insurance at all?
You may still be able to recover compensation through your uninsured motorist coverage if your policy includes it.
Can I recover future medical expenses after a serious accident?
Yes. A personal injury claim can include compensation for reasonably expected future treatment related to your injuries.
Should I accept the insurance company’s policy limits offer?
Not before understanding whether additional coverage or liable parties may exist. Accepting a settlement too early can affect your ability to pursue further compensation.